LexBlog IP

FEBRUARY 26, 2024

In general it is a good idea to register fashion products which have a reasonable expectation of commercial success as designs or, where possible, as shape-trademarks before they appear on the catwalk. One way is to take advantage of the European unregistered design. Was it a tribute to Alexander McQueen or copyright infringement?

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IP Designs Design Copying 52

Kashishipr

MARCH 16, 2022

The term ‘ Intellectual Property (IP) ‘ is like the term ‘Organic’ to some extent, i.e., people across the globe possess some knowledge as to what it means but aren’t crystal clear on its specific details. In the same way round, IP puts a virtual fence around the property or assets that it safeguards.

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IP and Legal Filings

JANUARY 31, 2023

The main assets of any fashion firm that are virtual designs, may need to be protected as trade dress under trademark law. For undisputed ownership of virtual designs, Intellectual Property (IP) laws must be thoroughly handled with. As a result, the trademark classes might need to be redefined.

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Law Branding Brands Branding 84

TraskBritt Intellectual Property

MARCH 18, 2021

Intellectual property law includes patents, trademarks, copyrights, and trade secrets and is an important consideration for any new business. This article will address trademarks and copyrights, but the law firm of TraskBritt can assist with any intellectual property law needs. Trademarks and copyrights offer different protections.

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Trademark Copyright Intellectual Property Intellectual Property Law 52

Traverse Legal Blog

OCTOBER 20, 2022

Whether you are looking to make your own non fungible token to sell or you’re looking to buy an NFT as an investment, you need to be aware of copyright and trademark laws that might apply to your NFT. Trademark rights can be even more confusing to navigate in the world of NFTs. Copyrighting vs Trademarking NFTs.

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Non-Fungible Tokens Copyright Law Trademark Copyright 49

IP and Legal Filings

MARCH 9, 2022

The encouragement towards innovation is legalized under Intellectual copyrights patents and trademarks Rights are provided by the states around the globe. The IP dive pertains to all the original creations of humankind inclusive of technical or any scientific innovation. Unlike patents, trademark protection is held indefinitely.

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Ownership Copyright Trademark Contracts 71

IIPRD

APRIL 3, 2024

These are the Copyright Act, 1957; Designs Act, 2000; The Geographical Indication Act of Goods Act, 1999; and the Trademark Act, 1999. It is here that the distinction between ‘design’ in the Designs Act and ‘artistic work’ in the Copyright Act becomes relevant. Infringement Of IPR – Design or Artistic Work?

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Artistic Work Designs Design Copyright 45

Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property (IP) attorney, I am often battered with questions about the topic. Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work. That’s understandable.

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Kashishipr

AUGUST 17, 2022

Without any doubt, it is exceedingly imperative for them to understand their Intellectual Property (IP) assets and safeguard them in the best possible manner. Registered IP is more legit and liable; say, if the content is IP protected – social media users usually find it more reliable and authentic and are likely to revisit it.

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Intepat

APRIL 18, 2022

Intellectual property rights (IPR) offer protection and grant exclusive rights to the creator’s work. Copyrights are a form of IPR that offers protection to a wide range of artistic and literary works of a creator. It includes musical works, photographic works, artistic works, motion pictures, and computer programs.

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Copyright Public Domain Registration Ownership 98

IIPRD

MARCH 4, 2024

For Example, Person A used the trademark of Nike to defraud the public and to cause the loss to original Nike by selling duplicate products. So, this is an infringement of trademark and Nike can sue Person A for using its trademark without consent and causing loss to its goodwill. What are the rights in Intellectual Property?

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Intellectual Property Invention Trademark Copying 98

IIPRD

OCTOBER 17, 2022

Many big companies are getting ready to enter the world of Metaverse, for example, Nike for the purpose of selling virtual footwear and apparel in the virtual world of metaverse filed many trademark applications with the U.S These trademark applications consist of Nike’s logo “just do it” and air Jordan designs. Later it was settled.

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IP Non-Fungible Tokens Intellectual Property Trademark 52

LexBlog IP

MARCH 9, 2023

The highly anticipated jury verdict in the Hermès litigation over MetaBirkins NFTs has some important takeaways for both artists and sellers of NFTs as well as brand owners. Rothschild asserted that, due to the artistic nature of his NFTs, all of Hermès’ claims were barred by the First Amendment. Grimaldi , 875 F.2d

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Litigation Artistic Work Branding Brands 52

Corsearch

SEPTEMBER 28, 2023

You should prepare links and screenshots as evidence for your claims of copyright, or trademark, patent, or design right infringement on Alibaba. Trademarks A trademark signifies a unique term, logo, expression, design, or emblem utilized to indicate the origin of goods and services.

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Branding Brands Branding Intellectual Property 59

The IPKat

NOVEMBER 1, 2022

Kat friend Hugh Stephens describes the murky story of IP and the Ogopogo monster ("murky" as the waters in which the Ogopogo is said to dwell). Perhaps the right involved was actually a trademark registration, and the journalist had got it wrong? So, what was the work registered under Copyright #102327 on June 9, 1953.?

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IP and Legal Filings

OCTOBER 11, 2022

One such avenue to safeguard such rights is through the way of Copyright and Trademark. Indian legislation does not provide exclusive statutory protection under the head of Personality Rights, but separate aid can be entreated under Copyright Act, Trademark Act, Fundamental Rights, and through various judicial pronouncements.

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Personality Rights Artistic Work Trademark Copyright 52

SpicyIP

MARCH 11, 2024

Here is our recap of last week’s top IP developments. Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. Read on to know more!

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Trademark Registration Copyright Patent 59

IP and Legal Filings

SEPTEMBER 20, 2023

It prevents the unauthorized use of the design, logos, trademarks etc. It is a form of IPR that is used to guard the hard work and efforts of the artist. Copyrights can be awarded for usage of literary works, dramatic works, cinematographic films, musical works and even for the designs of clothes and jewelry.

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Designs Design Copyright Copyright Infringement 89

IP and Legal Filings

MARCH 28, 2024

1] The Copyright Act protects certain types of works, which are included in Section 13. 13 (1) states that original literary, dramatic, musical, and artistic works as well as cinematograph films and sound recordings are protected by copyright. These registrations aid in allocating precedence.

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Cinema Copyright Blogging Registration 79

Kashishipr

MAY 25, 2021

Copyright is a legal protection afforded to an original, creative literary, musical, or artistic work. The protection under copyright is instantaneous and immediate to the works being created, and therefore, it is not necessary to have such rights registered. The process of seeking registration can be cumbersome and tedious.

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IP and Legal Filings

SEPTEMBER 17, 2021

Under the copyright act in India, an artist may protect an “original artistic work” if it is expressed in a tangible medium for over 60 years. However, it is pertinent to note that if an artistic work is already protected under the designs act, it cannot be protected under the copyright act.

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Designs Design Artistic Work Technology 71

IP and Legal Filings

JUNE 27, 2022

PART 1: of the blog discussed about history, development, fundamentals of IPR and explained Patents and Trademarks. This blog will consider different IPs, which are at growing stage. Broad classification of ‘works’ which are protected by copyright are-. Original literary, dramatic, musical, and artistic works.

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Intellectual Property Moral Rights Designs Design 52

SpicyIP

AUGUST 2, 2021

A Parliamentary Standing Committee Report that Challenges the Fine Balances Within the IP System. Scaria points out that the Report lacks focused questions of enquiry and instead undertakes a superficial review of all IP laws in the country. Parliamentary Committee on IP Suggests Against Scrapping of IPAB. Topical Highlight.

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Kashishipr

JULY 27, 2022

The term ‘ Intellectual Property (IP) ‘ basically refers to the creations of the human mind that are intangible in nature. In simple terms, it pertains to the original creations of the human intellect, including inventions, symbols, designs, artistic works, literary works, and so on.

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IP and Legal Filings

MARCH 29, 2022

The Paris Convention for the Protection of Industrial Property in 1883 and the Berne Convention for the Protection of Literary and Artistic Works in 1886 both acknowledged the significance of the intellectual property. Trademarks may be used to protect names, logos, emblems, and other symbols that appear on websites.

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Intellectual Property Intellectual Property Law Artistic Work IP 52

LexBlog IP

MAY 18, 2022

If the author is a foreign natural person or legal entity, the product design or 3D packaging may be protected as a foreign work of applied art under the Berne Convention for the Protection of Literary and Artistic Works (“Berne Convention”) for 25 years in China. For comparison, U.S. Like in the U.S.,

Designs 52

Designs Design Copyright Artistic Work 52

IP and Legal Filings

NOVEMBER 11, 2022

Once a work is created, in most cases, the creator will automatically enjoy copyright protection in all 164 member countries of the Berne Convention for the Protection of Literary and Artistic Works including all European Union countries and China. Voluntary registration for your copyright is available in China.

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Copyright Fair Use Registration Ownership 52

Biswajit Sarkar Copyright Blog

NOVEMBER 25, 2021

But what are the implications for intellectual property (IP) of the growing usage of this quickly changing and potentially transformational technology? It’s up for debate whether it should be classified as a literary or aesthetic work. Conclusion. In today’s society, 3D printing is truly a boon for our people.

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Intellectual Property Designs Design Artistic Work 52

IP and Legal Filings

AUGUST 14, 2023

The theory of Territoriality states that since disputes relating to the registration and validity of intellectual property rights are typically considered to fall under the exclusive jurisdiction of the State in which such registration was applied for, the choice of law should favour that State. Will there be no remedy at all?

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

Kashishipr

AUGUST 31, 2022

Intellectual Property (IP) and copyright are related; however, they are not the same. In simple terms, IP is a category of property that includes the intangible (i.e., In simple terms, IP is a category of property that includes the intangible (i.e., Intellectual Property & Intellectual Property Rights.

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Moral Rights Copyright Intellectual Property Licensing 52

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Protecting software innovations, which include inventions, creative works, and commercial symbols, is essential through the umbrella of Intellectual Property. This applies to literary, dramatic, musical, artistic works, computer programs, cinematograph films, and sound recordings.

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Intellectual Property Invention Artistic Work Copyright 56

SpicyIP

JULY 5, 2021

Delhi High Court Clarifies Law on Arbitrability of Trademark Disputes. In this guest post , Rounak Doshi discusses the position of law on arbitrability of trademark disputes in light of the Delhi High Court’s recent decision in Golden Tobie Private Ltd. Golden Tobacco Ltd. Thematic Highlight. Image from here.

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Intellectual Property Trademark Licensing Copyright 105

IIPRD

JUNE 14, 2021

The article attempts to conclude that the fashion business is an IP-intensive industry, constantly producing and industrially misusing inventive thoughts and advancement. Copyright vests in original, literary, dramatic, musical, and artistic works, and when such an idea is converted into a concept, it becomes copyrightable.

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Intellectual Property Artistic Work Designs Design 40

Kashishipr

JULY 14, 2021

Like any other asset, the question of protecting recipes and corresponding assets through the application of Intellectual Property (IP) laws has gained momentum. The protection of a recipe under the IP system is nothing short of a challenge. Copyright and Recipes. It does not protect ideas, facts, products, processes, principles, etc.

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Intellectual Property Copyright IP Artistic Work 105

LexBlog IP

SEPTEMBER 27, 2021

In a recent decision, the Review Board of the United States Copyright Office (“Board”) reversed an examiner’s prior refusal to register a copyright in the artistic elements present in the bed shown above, paving the way for the applicant to obtain a copyright registration in this work. Varsity Brands, Inc.,

Designs 52

Designs Design Copyright Artistic Work 52

43(B)log

FEBRUARY 19, 2022

Summary of current treatment: Although courts have often referred to “expressive” or “artistic” works as shorthand for the scope of Rogers, they have applied it to speech that quali?es The answers are yes, no, and sometimes, a list both comprehensive and dismaying. But there are several remaining problems. The 9th Circuit in Bosley v.

Trademark Law 72

Trademark Law Trademark Art Branding 72

Kluwer Copyright Blog

JULY 20, 2022

This has led to litigation in several jurisdictions and has also recently prompted two members of the US Senate’s intellectual property subcommittee to request that the US Patent and Trademark Office (USPTO) collaborate to study the impact of NFTs on intellectual property rights.

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Copyright Copying Non-Fungible Tokens Copyright Law 133